March 2020

Cross Examination of formal witnesses—They are summoned to produce documents and record, cannot be cross examined unless they are called as a witness

By | March 24th, 2020|Evidence - Civil|

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Calling of record from other Court–O.13 R.10 CPC does not enable the Court to use in evidence, any document under the law, which would be otherwise inadmissible in the suit

By | March 10th, 2020|Evidence - Civil|

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Suit for Recovery—Pronote—No evidence for passing of consideration-­Admission of signatures by defendant and attesting witness on the pronote and receipt are insufficient—Suit dismissed

By | March 10th, 2020|Evidence - Civil|

Comments Off on Suit for Recovery—Pronote—No evidence for passing of consideration-­Admission of signatures by defendant and attesting witness on the pronote and receipt are insufficient—Suit dismissed

Dismissal in Default—Failure to lead evidence—After three opportunities any further adjournment not only has to be sufficient cause but also co-­exist on justifiable cause

By | March 9th, 2020|Evidence - Civil|

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February 2020

December 2019

October 2019

DNA TEST – Naturally, if the petitioner is aggrieved of any order passed or any observation made, or any finding recorded in the judgment in that lis, her remedy is by way of the appeal that she has already filed before the learned District Judge-Without commenting on merits present petition dismissed

By | October 24th, 2019|Evidence - Civil|

Comments Off on DNA TEST – Naturally, if the petitioner is aggrieved of any order passed or any observation made, or any finding recorded in the judgment in that lis, her remedy is by way of the appeal that she has already filed before the learned District Judge-Without commenting on merits present petition dismissed

Production of Documents—Court can summon a document, through a person having possession of document, necessary for adjudication of dispute without asking such person to give evidence with regard to such document

By | October 24th, 2019|Evidence - Civil|

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September 2019

August 2019

April 2019

February 2019

January 2019

Transfer Deed—A small error/mistake in the annexure attached to the registered transfer deed which has no effect on the transfer would not result in invalidating the transfer deed itself Admission—If an admission in oral evidence is capable of two interpretations then an interpretation favorable to the person making it should be taken as his admission

By | January 27th, 2019|Evidence - Civil|

Comments Off on Transfer Deed—A small error/mistake in the annexure attached to the registered transfer deed which has no effect on the transfer would not result in invalidating the transfer deed itself Admission—If an admission in oral evidence is capable of two interpretations then an interpretation favorable to the person making it should be taken as his admission

Civil Procedure Code, 1908, O.13 R.4-Endorsement of Document-Order 13 Rule 4 CPC only provides for a procedure for endorsement of the documents by the Presiding Judge, admitted in evidence-It is nowhere provided that if the Presiding Judge fails to endorse the document, the document cannot be read as part of the record.

By | January 21st, 2019|Evidence - Civil|

Comments Off on Civil Procedure Code, 1908, O.13 R.4-Endorsement of Document-Order 13 Rule 4 CPC only provides for a procedure for endorsement of the documents by the Presiding Judge, admitted in evidence-It is nowhere provided that if the Presiding Judge fails to endorse the document, the document cannot be read as part of the record.

October 2018

Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

By | October 1st, 2018|Evidence - Civil|

Comments Off on Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

May 2018

April 2018